Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

LEAVE TO REMOVE: Re MK (Relocation Outside Jurisdiction) [2006] EWCA Civ 1013

Sep 29, 2018, 17:19 PM
Slug : re-mk-relocation-outside-jurisdiction-2006-ewca-civ-1013
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 21, 2006, 04:23 AM
Article ID : 89147

(Court of Appeal; Thorpe, Arden and Wilson LJJ; 21 June 2006) [2006] FLR (forthcoming)

The Brazilian mother's application to return to Brazil with the baby was refused on the basis that the mother had been untruthful in relation to her qualifications and the level of work available to her in Brazil. The allegation that the mother had deliberately misled the court had not been put to the mother in cross-examination, and the judge refused the mother's application that she be recalled to give evidence on that point.

The judge's rejection of the mother's credibility had been unfair and unwarranted and the relocation order would be granted. The judge had failed to consider the fact that the mother was giving evidence in her second language, and had founded her decision to refuse leave on the Children and Family Court Advisory and Support Service (CAFCASS) report in a way not borne out by the evidence, including the oral evidence given by the CAFCASS officer. Strong orders were required in England and in Brazil to ensure that contact with the father continued.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from